Agenda item

Key Decision

Portfolio Holder

Councillor Helen-Ann Smith – Deputy Leader and Portfolio Holder for Community Safety

Cabinet were requested to consider proposals for carrying out the necessary consultation, publicity and notification for the extension of the

existing 2015 Public Spaces Protection Order (PSPO), as extended and varied in 2018, and additional prohibitions for a further period of 3 years.

A statement from Councillor David Hennigan, Ward Member for Sutton Central and New Cross, was read out to Members during the debate.

Members considered the alternative option of declining to approve the necessary consultation and notification to extend and vary the

existing PSPO and additional prohibitions before 30 September 2021 but this was not recommended as officers would no longer be able to take action under these provisions to request a person to hand over alcohol, to issue a fixed penalty notice or provide evidence for legal action for breaching the PSPO.

RESOLVED that

a)    approval be given to carry out the necessary consultation, publicity and notification for the extension of the existing 2015 Public Spaces Protection Order (extended and varied in 2018) for a further period of 3 years;

b)    approval be also given to carry out the necessary consultation, publicity and notification for the variation of the existing 2015 Public Spaces Protection Order (extended and varied in 2018) to include the prohibitions previously set out in the 2018 Junction 27 M1 Car Cruising PSPO which expired on 3 May 2021;

c)    the necessary consultation, publicity and notification for the variation of the existing 2015 Public Spaces Protection Order (extended and varied in 2018) be undertaken and to include a prohibition which restricts the public right of way over the highway namely the strip of land which runs between Bentinck Street and Welbeck Street, Sutton-In-Ashfield;

d)    £1,000 be added to the Annual Budget and Medium Term Financial Strategy from 2022/23 to meet the estimated annual maintenance costs of works proposed within this report;

e)    delegated authority be granted to the Leader and Deputy Leader (and Portfolio Holder for Community Safety and Crime Reduction), in conjunction with the Director of Place and Communities, to make any minor amendments to the plans contained in the draft Public Spaces Protection Order prior to commencement of the agreed consultation.

Reasons:

Recommendation 1

In accordance with Section 60, Anti-Social Behaviour, Crime and Policing Act 2014, a PSPO may not have effect for a period of more than 3 years unless extended. The existing PSPO of 2015 as amended and varied in 2018, relating to number of dogs, alcohol, direction to move on and urinating

issues will expire on 30 September 2021. Unless the PSPO is extended, it will restrict the Council and Police being able to tackle these types of issues throughout the District.

Recommendation 2

In line with Section 59 of the Act there must be evidence to support and extend the need for a PSPO including any variations. The separate 2018 PSPO relating to Junction 27 M1 Car Cruising expired on 3 May 2021 and unless the prohibitions in this PSPO are re-introduced, the Council and the Police will not be able to take suitable action to effectively manage these issues.

Previous action has included a number of successful partnership operations to tackle car cruising acting as a deterrent for vehicles being driven in an anti-social manner within the Junction 27 vicinity.

Recommendation 3

In line with Section 59 of the Act there must be evidence to support and extend the need for a PSPO including any variations. Initial reports submitted relating to the New Cross area and in particular Welbeck Street and Bentinck Street, Sutton-In-Ashfield, validates the need to close a strip of land

between Bentinck and Welbeck Street to reduce incidents of crime and disorder and anti-social behaviour within this vicinity.